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What is an argument for an error on a Plaintiffs Amended complaint, in response to a summary judgment?

Chicago, IL |

What can be argued if the moving party uses a flagrant mistake on an amended complaint as a reason for summary judgment?

Also, can the amended complaint be referenced in other arguments for summary judgment or would the whole complaint be moot

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Attorney answers 1

Posted

The moving party must be able to prove all the "material" allegations at a summary judgment hearing so as to create a genuine issue that only a trier of fact can solve.

That is the kjey. If there is a flagrant mistake and it is "material" to the cause of action, then summary judgment cannot be granted.